MOHD LATIEF v. UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS
WP(C)/532/2025 · 2025-03-05
Rajnesh Oswal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 2358 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2358 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 532/2025 CM No. 1249/2025
Mohd. Latief
…..Appellant(s)/Petitioner(s)
Through: Mr. Arshid Majid Malik, Advocate.
vs
UOI and others .…. Respondent(s)
Through: Mr. Vishal Sharma, DSGI for R- 1, 2 & 3 Ms. Monika Kohli, Sr. AAG for R- 3, 4 & 5
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 05.03.2025
ORAL
1. The prayer made in the present petition is for quashing the communication/notice No. 2001/ENCR/91/E2 dated 23.01.2025 addressed by the respondent No. 2 to the respondent No. 4 requesting him to dismantle the un-authorised structure allegedly raised by the petitioner in the designated area.
2. It is contended by the petitioner that the petitioner has raised the construction on his own land.
3. Issue notice to the respondents.
4. Mr. Vishal Sharma, learned DSGI waives notice on behalf of respondent Nos. 1, 2 and 3. Ms. Monika Kohli, learned senior AAG waives notice on behalf of respondent Nos. 4, 5 and 6. No notice is required to be issued to the respondent No. 7.
5. With the consent of learned counsel for the parties, the case is taken up for final disposal. Serial No. 104
2 WP(C) No. 532/2025
6. In view of the contention raised by the petitioner that the petitioner has raised the structure on his own land, the instant petition alongwith the connected application is disposed of by directing the respondent No. 4 to afford due opportunity of hearing to the petitioner before acting upon the communication/notice dated 23.01.2025.
7.
Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu 05.03.2025 Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No. Sahil Padha 2025.03.05 16:35 I attest to the accuracy and integrity of this document